Administering
Medical Marijuana to Authorized Students in DCF Regional Schools

Revised:

A. OBJECTIVE

To
provide Department of Children and Families (DCF) Regional Schools with a
policy and procedures for implementing P.L. 2015 c. 158, which supplements the
New Jersey Compassionate Use Medical Marijuana Act.

B. STANDARDS

The
use of medical marijuana shall be permitted on school grounds, on a school bus,
on a field trip and at a school-sponsored function to authorized students
enrolled in Department of Children and Families (DCF) Regional Schools.

A
parent, guardian or primary caregiver as defined in this policy, shall be the
only individuals who may administer medical marijuana to his/her child.

A
student who is 18 years of age or older may self-administer medical marijuana
according to the conditions of this policy.

Medical
marijuana shall be in a nonsmokable and non-inhalation form for students.

C. DEFINITIONS

Authorized
student:
means a student who is a qualifying patient for medical marijuana in a
nonsmokable, non-inhalation form, issued by his/her primary care physician.

Bona fide physician-patient relationship: means
a relationship in which the physician has ongoing responsibility for the
assessment, care and treatment of a patient’s debilitating medical condition.

Certification: means a statement signed by a physician with
whom a qualifying patient has a bona fide physician-patient relationship, which
attests to the physician’s authorization for the patient to apply for registration
for the medical use of marijuana.

Medical use of marijuana: means
the acquisition, possession, transport, or use of marijuana or paraphernalia by
a registered qualifying patient as authorized by the New Jersey Compassionate
Use Medical Marijuana Act, except that for school students, the marijuana shall
be in a nonsmokable, non-inhalation form.

Physician: means a person licensed to practice medicine
and surgery pursuant to Title 45 of the Revised Statutes with whom the patient
has a bona fide physician-patient relationship and who is the primary care
physician, hospice physician, or physician responsible for the ongoing
treatment of a patient’s debilitating medical condition, provided, however,
that such ongoing treatment shall not be limited to the provision of
authorization for a patient to use medical marijuana or consultation solely for
that purpose.

Primary caregiver: means a resident of the State who:

a.is at
least 18 years old;

b.has
agreed to assist with a registered qualifying patient's medical use of marijuana,
is not currently serving as primary caregiver for another qualifying patient,
and is not the qualifying patient's physician;

c.has
never been convicted of possession or sale of a controlled dangerous substance,
unless such conviction occurred after the effective date of this act and was
for a violation of federal law related to possession or sale of marijuana that
is authorized under this act;

d.has
registered with the New Jersey Department of Health pursuant to section four
of the New Jersey Compassionate Use Medical Marijuana Act, and has satisfied
the criminal history record background check requirement of section four of
that act; and

e.has been
designated as primary caregiver on the qualifying patient's application or
renewal for a registry identification card or in other written notification to
the New Jersey Department of Health.

Qualifying patient: means
a resident of the State who has been provided with a certification by a
physician pursuant to a bona fide physician-patient relationship.

Registry Identification Card: means
a document issued by the New Jersey Department of Health that identifies a
person as a registered qualifying patient or primary caregiver.

b.The
student’s parent/guardian shall provide to the Regional School’s nurse and
Education Supervisor (ES) a copy of the certification statement for both the
student and herself/himself or other authorized primary caregiver as a person
authorized to administer the medication. The certifications shall have been
signed by the student’s physician. The nurse shall retain the copies of the
certifications in the student’s medical record. A student who is 18 years of
age or older may also provide the certification statement when he/she has been
issued this.

c.The
parent/guardian shall present the Registry Identification Cards for the student
and the parent, guardian, other authorized primary caregiver to the school’s
nurse. The nurse shall make a photocopy of the Cards and retain them in the
student’s medical record. A student who is 18 years of age or older may also
provide the Registry Identification Card when he/she has been issued this.

d.The
parent/guardian shall provide a copy of the prescription for the medical
marijuana to the school’s nurse since the dispensing agent is required to
retain the original prescription. The nurse shall retain a copy of the current
prescription in the student’s medical record. A student who is 18 years of age
or older may also provide the prescription when he/she has been issued this.

e.The
nurse shall verify the registration status of the student and the
parent/guardian/primary caregiver by visually checking the dates listed on the
student and the parent/guardian/primary caregiver’s Registry Identification
Card.

f.The
nurse shall verify the registration status and ongoing authorization of the
student and parent, guardian and authorized primary caregiver to ensure the
Registry Identification Cards, certifications and prescriptions are current and
valid by conferring with the physician’s office and the New Jersey Department
of Health, as necessary.

2.Administering
medical marijuana to an authorized student in school, on a school bus, on a
field trip or at a school-sponsored function:

a.The
student’s parent, guardian, or authorized primary caregiver or a student who is
18 years of age or older shall administer the medical marijuana in the nurse’s
office if the medication is given at a time when the student is in the school
building. The parent, guardian or authorized primary caregiver shall sign a
log book maintained by the nurse, for each visit to the school building.

b.Prior to
the parent, guardian or authorized caregiver or a student who is 18 years of
age or older administering any dose of medical marijuana, the school’s nurse
shall review all Administration of Medication/Treatment Record information and
any “Record of Medical Marijuana Administered in Locations Outside of the
Regional School Building” (Attachment 1) to ensure the dosage(s) being given is
within the guidelines of the physician’s orders.

c.The
school’s nurse shall witness the administration of the medical marijuana and
note that the parent or student who is 18years of age or older administered the
medication and write this remark within the Administration of
Medication/Treatment Record.

d.If the
medical marijuana is given by the parent, guardian, or authorized primary
caregiver or a student who is 18 years of age or older in a location other than
the Regional School building, the following procedures shall be implemented.

i.On a
school bus, the parent, guardian, or authorized primary caregiver or a student
who is 18 years of age or older shall discreetly give the prescribed dose while
the bus is stopped/parked. A regional school staff member shall witness the
medication being given. The date, time and other designated information shall
be recorded on the “Record of Medical Marijuana Administered in Locations
Outside of the Regional School Building” (Attachment 1) by the staff member.

ii.On a
field trip, the parent, guardian, or authorized primary caregiver or a student
who is 18 years of age or older shall discreetly give the prescribed dose in an
area that is outside of the view of other students but within the view of a
regional school staff member who shall witness the medication being given. The
date, time and other designated information shall be recorded by the staff
member on Attachment 1.

iii.At a
school-sponsored function, the parent, guardian, or authorized primary
caregiver or a student who is 18 years of age or older shall discreetly give
the prescribed dose in an area outside of the view of other students but within
the view of a regional school staff member who shall witness the medication
being given. The date, time and other designated information shall be recorded
by the staff member on Attachment 1.

iv.The Regional
School staff member who witnesses the administration of the medication in
locations outside of the school building shall provide the school’s nurse with
the written record Attachment 1 as soon as practically possible. The nurse
shall retain this copy in the section of the Administration of
Medication/Treatment Record in the student’s health record.

3.The
designation of a DCF Regional School nurse or any other employee, contracted
person, volunteer or intern as a primary caregiver for administering medical
marijuana is expressly prohibited.

4.The
school’s nurse shall routinely inform the ES of the ongoing status of any
student who is authorized for the use of medical marijuana.

5.The
parent/guardian of a student who is an authorized student with a valid
prescription for medical marijuana shall be provided with a copy of this
policy.

6.A
student who is 18 years of age or older who is an authorized student with a
valid prescription for medical marijuana shall be provided with a copy of this
policy.